Who has the sole discretion to take action regarding alleged infringement of Belocal's Copyrighted Materials?
Belocal Franchise · 2025 FDDAnswer from 2025 FDD Document
You must immediately notify us of any infringement of the Copyrighted Materials or of any challenge to your use of any of the Copyrighted Materials or claim by any person of any rights in any of the Copyrighted Materials. You and your Principals must agree not to communicate with any person other than us, any designated affiliate, and our or their counsel about any infringement, challenge, or claim of this type. We or our affiliates have sole discretion (but not the obligation) to take any action we deem appropriate and the right to exclusively control any litigation, or U.S. Copyright Office (or other) proceeding, arising out of any alleged infringement, challenge, or claim concerning any of the Copyrighted Materials. You must execute all instruments and documents and give us any assistance that, in our counsel's opinion, may be necessary or advisable to protect and maintain our interests or those of our affiliates in any litigation or proceeding of this type or to otherwise protect and maintain our or their interests in the Copyrighted Materials. We and our affiliates may, in our sole discretion, modify or discontinue use of the Copyrighted Materials or other confidential information and/or use other information and/or rights in their place. If we decide to modify or discontinue use of any of the Copyrighted Materials or other confidential information for any reason, you must do the same, at your expense.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 46–47)
What This Means (2025 FDD)
According to Belocal's 2025 Franchise Disclosure Document, Belocal or its affiliates have sole discretion regarding any action taken for alleged copyright infringements. Belocal is not obligated to take action, but they have the right to control any litigation or copyright office proceedings that arise from alleged infringement, challenges, or claims concerning their Copyrighted Materials.
This means that as a Belocal franchisee, if any issues arise related to the Copyrighted Materials, you must notify Belocal immediately and communicate only with Belocal, their affiliates, or their counsel. You cannot independently pursue legal action or communicate with outside parties about the issue without Belocal's consent. You must also provide any assistance or documentation Belocal's counsel deems necessary to protect Belocal's interests in any related litigation or proceedings.
Belocal also retains the right to modify or discontinue the use of their Copyrighted Materials at their sole discretion. If Belocal decides to make changes, franchisees are obligated to implement those changes at their own expense. This highlights the importance of relying on Belocal's expertise and guidance in protecting their intellectual property, as well as the potential costs associated with adapting to changes in the Copyrighted Materials.